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Litigation

State and Federal Litigation / Tarley Robinson PLC

Our attorneys have successfully prosecuted and defended a wide array of civil disputes involving community association covenant enforcement, commercial transactions, construction disputes, contracts, real estate matters, boundary line and easement disputes, employment matters, antitrust litigation, copyright violations, administrative proceedings, and estate issues.

When you are involved in a dispute, you need representation before a suit is filed. For that reason, our attorneys will discuss with you the various alternatives to litigation, such as negotiation and mediation. Litigation can be an expensive undertaking, both in time and money. We want you to be fully informed before you make that commitment.

Contact us to discuss your matter. Below you will find answers to some of your questions regarding litigation matters. You can find additional information in our Law Library and our Blog.

What are my alternatives to litigation?

The best alternative to litigation is to have an experienced attorney by your side advising you and negotiating on your behalf. You are in control of the outcome because an attorney cannot negotiate an agreement without your authorization. Our practice is to review the facts of your matter, research the law as necessary, and use our experience to help you decide how to proceed.

What happens if a lawsuit has been filed, do I have any other alternatives?

Negotiation is an alternative at all times in the litigation process, even after a lawsuit has been filed. However, if a lawsuit has been filed against you, our first responsibility would be to file an answer to that lawsuit within the relevant time restrictions. Once we file the answer, we will discuss with you another alternative, mediation. In mediation, an independent third party mediator helps the parties negotiate a resolution. Just like in negotiations, you control the outcome: neither a mediator nor your attorney can negotiate a resolution without your authorization. A mediator helps facilitate the negotiation, but cannot make decisions or rulings on your case. Our attorneys have extensive experience in mediation. We see mediation as a cost-effective way to resolve disputes when initial attempts at negotiation have not been successful.

If I win, will my attorneys’ fees be paid by the other side?

Generally speaking, each party is responsible for paying their own attorneys’ fees, regardless of the outcome. There are exceptions to that general rule. For example, if the dispute involves a contract between the two parties, the contract may provide that the prevailing party will recover its attorneys’ fees. Courts enforce those contract provisions. However, if your contract or lease does not have that language, you probably will not recover the attorneys’ fees you incurred. The high cost of attorneys’ fees, court costs, expert fees, and other costs in litigation is a factor you need to consider before filing a lawsuit. Our attorneys will discuss these issues with you at the outset so that you can make an informed decision.

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